[Adopted 1-19-2000 by Ord.
No. 2623[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I, Amusement
Devices, adopted 7-31-1972 as Ch. XV, Part 2A, of the 1972 Code, as amended
in its entirety 9-14-1981 by Ord. No. 2187, and as further amended 11-30-1994
by Ord. No. 2472.
This article shall be known as the "Electronic Amusement Ordinance."
Ordinance No. 2187 is hereby repealed as are all other ordinances or
parts of ordinances insofar as they conflict with the provisions of this article;
however, such repeal shall not affect any act done or any liability or violation
accrued under any such prior ordinance herein repealed or superseded, and
all such liabilities or violations shall continue and may be enforced in the
same manner as if such repeal or supersession had not been made; and any offense
or violation committed and any penalty or forfeiture incurred under any such
ordinance herein repealed or superseded may be prosecuted in the same manner
as if this article had not been approved.
In the construction of this article, the rules and definitions contained
in this section shall be observed and applied, except when the context clearly
indicates otherwise:
A.
Words used in the singular shall include the plural and
the plural the singular.
B.
Words used in the past or present tense shall include
the future tense.
C.
Words used in the masculine gender shall include the
feminine and neuter.
D.
The word "shall" is always mandatory and is not discretionary.
E.
The word "may" is permissive.
Unless the context clearly indicates otherwise, the following words
and phrases used in this article or in an application for license of amusement
devices shall have the meaning given to them in this section:
Video or mechanical amusement device, jukebox or pool table (nonelectronic)
and/or other electronic device, machine or apparatus whatsoever for the playing
of games and amusement.
Any individual, partnership or corporation who or which seeks to
obtain a license for an amusement device under this article.
The document filed by an applicant requesting a permit to possess
in the Borough of Wilkinsburg any video or mechanical amusement device, jukebox
or pool table and/or other electronic device, machine or apparatus whatsoever
for the playing of games and amusement.
Any restaurant, bar, tavern, retail, manufacturing, wholesale, institutional,
educational, religious, governmental or other nonresidential establishment,
store or business, whether or not incorporated.
Any device, machine or apparatus used by the insertion therein of
any coin, currency, metal disc, slug or token under this article, or any individual,
partnership or corporation who or which assembles, sets up, maintains, sells,
lends, leases, gives away, or offers for sale, loan, lease or gift any jukebox,
pool table or video or mechanical amusement device for which a license is
sought under this article.
Any device, machine or apparatus used for the playing of games or
otherwise used for the purpose of amusement or entertainment by the insertion
therein of any coin, currency, metal disc, slug or token, including but not
limited to claw machines, electric or electronic dart boards, gambling devices,
pinball machines and video games.
No person, firm, partnership, corporation or other entity shall at any
time have in his possession within the Borough of Wilkinsburg any video or
mechanical amusement device, jukebox or pool table for the playing of games
and amusement without first having procured a license for a fee of $250 per
device per year.
The Borough Manager shall not issue a license for any video or mechanical
amusement device to any person who:
No license shall be granted until a period of 10 days shall have elapsed
from the date of application, during which time the Borough Manager may, at
his or her discretion, investigate the facts set forth in the application.
The Borough Manager shall take the following action as he or she shall deem
appropriate:
A.
The Borough Manager shall refuse to issue a license for
any device that the applicant has not affirmatively stated that said device
is not designed or intended to be used for gambling purposes.
B.
A license shall not be issued unless the applicant acknowledges:
(1)
That obtaining or displaying an electronic amusement
license does not sanction or permit the use of any device for gambling purposes
or possession of an illegal gambling device, either per se or as modified.
C.
A license shall be required for each amusement device
owned by any business establishment located in the Borough of Wilkinsburg.
The Chief of Police or his or her designee may, during regular business
hours, conduct inspections of any business establishment where any video or
mechanical amusement device, jukebox or pool table licensed under this article
is located, installed, placed or used to ensure compliance with this article.
In the event any applicant, vendor or proprietor falsifies any information on an application for license of amusement devices, or otherwise violates this article, the Chief of Police shall immediately revoke the license of said proprietor or vendor, and said proprietor or vendor shall be prosecuted as provided in § 110-5.6 below.
For each and every violation of the provisions of this article, any
person or persons, firm, partnership or corporation violating any of the provisions
of this article shall be charged with a summary offense and, upon conviction
by the District Justice, be sentenced to pay a fine of not less than $50 nor
more than $300, and costs of prosecution, and in default of payment thereof,
may be committed by the District Justice to the Allegheny County Jail in conformity
with the Pennsylvania Rules of Criminal Procedure for a period not to exceed
10 days. Each and every day that any machine or device is used and operated
in violation hereof shall constitute a separate and distinct offense under
this article and shall be subject to separate and distinct penalties hereunder.
